Public Officer Criminal Defense

Specialized criminal defense of investigated public officials: bribery, prevarication, embezzlement, fraud, abuse of authority and secret revelation.

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Last updated: 10 June 2026

Officer-Specific Risks

Public official is subject to specific criminal regime (Arts. 404-445 CP) typifying conduct strictly linked to position exercise. Civil servant condition is typical element in offenses like bribery, prevarication, embezzlement or influence peddling.

Articulation with Disciplinary

Coexistence of criminal and disciplinary procedure on same facts is habitual and complex. Non bis in idem principle operates with nuances: both procedures may proceed in parallel if protecting different legal goods. Disciplinary file suspension until criminal end habitual when fact identity exists.

Civil Servant Status Defense

Imputation or processing may entail precautionary function suspension (Art. 90 EBEP) with remuneration suspension, or less restrictive precautionary measures. Defense must articulate: suspension challenge when disproportionate; minimum remuneration regime guarantee; position preservation during procedure.

Most Frequent Criminal Types

Bribery (Arts. 419-427 CP): 3-6 years prison, fine and disqualification.
Administrative prevarication (Art. 404 CP): 9-15 years disqualification.
Embezzlement (Arts. 432-435 CP): 2-6 years prison in basic type.
Influence peddling (Arts. 428-431 CP): 6 months to 2 years prison.
Fraud (Art. 436 CP): Concertation or artifices to defraud Administration.
Abuse of authority (Arts. 530-542 CP): Fundamental right violation.
Secret revelation (Arts. 417-418 CP): Revelation of reserved information by position.

Integral Procedural Strategy

Our defense integrates: technical type analysis with emphasis on subjective elements (specific intent); articulation with disciplinary procedure; status protection through appeals against disproportionate precautionary suspensions; coordination with union or professional association; reputational dimension and internal communication management.

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Penalty Chart

Type / Scenario	Criminal Penalty
Custodial sentence	Variable by type: 6 months to 6 years in serious bribery and embezzlement.
Special disqualification	Position loss and prohibition of public function access between 1 and 15 years.
Proportional fine	Additional to custodial sentence, especially in bribery and embezzlement.

* Penalties shown are indicative. The actual penalty depends on case circumstances, applicable mitigating and aggravating factors.

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Our Defense Strategy

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Coordinated criminal-disciplinary defense

Unified team operating in both routes with coherent strategy.

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Precautionary suspension challenge

Administrative-contentious appeal when suspension disproportionate or unmotivated.

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Specialized technical expert evidence

Expert evidence on applicable sectoral regulation to establish legality compliance.

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Union and association management

Coordination with union or professional association when guild implication.

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Why Choose Us?

Need a criminal defense lawyer for this type of offense? Here's how we work:

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Specific intent analysisRefutation of typical knowledge or intentionality required by each criminal figure.

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Dual disciplinary articulationStrategy coordination with parallel disciplinary procedure.

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Civil servant status protectionChallenge of disproportionate precautionary suspensions and remunerative defense.

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+15 Years of ExperienceTeam dedicated exclusively to criminal law before Spanish courts and tribunals.

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Direct AttentionYour case is handled directly by a senior lawyer of the firm.

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FAQs

Am I immediately suspended if imputed?expand_more

Not automatically. Precautionary suspension (Art. 90 EBEP) requires motivated resolution and proportionality. Challengeable when disproportionate.

Do I lose salary if suspended?expand_more

Depends on suspension type. Precautionary may be with or without remuneration; final with disqualification conviction implies definitive loss.

Do criminal and disciplinary procedure coexist?expand_more

Yes, with non bis in idem nuances. Usual to suspend disciplinary until criminal ends when fact identity exists.

We also serve

Madrid Alicante Marbella Seville Málaga Bilbao Zaragoza

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listTable of Contents

shieldClaves de la Defensa: Public Officer Criminal Defense

Specialized criminal defense service for public officials investigated or imputed for offenses committed in exercise or on occasion of their position.
Frequent typologies: Bribery, administrative prevarication, embezzlement, fraud, influence peddling, abuse of authority, secret revelation.
Dual regime: Coexistence of criminal procedure and administrative disciplinary procedure with complex interactions.
Function suspension: Imputation or processing may entail precautionary suspension of functions and remunerations.
Position maintenance: Only final convicting sentence with disqualification produces definitive loss.
Integral defense: Coordination between criminal, disciplinary, administrative-contentious route and internal communication.

gavelElements of the Crime

check_circlePublic official conditionBroad concept of Art. 24 CP including authorities, officials and assimilated.
check_circleAct in exercising positionConduct performed in exercising or on occasion of public functions.
check_circleSpecific intentKnowledge and will of typical act, with reinforced subjective elements in some types.

gavelPenal Consequences

Custodial sentence

Variable by type: 6 months to 6 years in serious bribery and embezzlement.

Special disqualification

Position loss and prohibition of public function access between 1 and 15 years.

Proportional fine

Additional to custodial sentence, especially in bribery and embezzlement.

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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.

Contact Alonso Sala

Call: +34 91 078 65 74